Terms of Service

These Terms of Service ("Terms") shall apply to the business relationship between Wealth AI Software GmbH, FN 669857 i, Kartäuserweg 3, 2500 Baden, Austria ("Wealth AI"), and the customer who has registered and created an Account ("Customer").

By creating an Account and explicitly confirming to accept these Terms via the website https://wealthai.trade/ ("Website") and/or the web application version of the Website as well as, if available, the mobile application ("App"), the Customer acknowledges to have read these Terms, to consent to them, and to be bound by these Terms (both Website and App together referred to as "Platform").

The Services of Wealth AI consist solely of the services described in these Terms, in particular providing software that enables communication with Linked Accounts of the Customer. The Services do not include any service or functionality beyond this software and technical provision. No crypto-asset service defined under EU Regulation 2023/1114 (MiCAR) is provided under these Terms, in particular, Wealth AI does not offer custody or administration of crypto-assets, transfer services for crypto-assets, portfolio management, execution or placing of orders, or any other MiCAR-regulated service.

None of the information presented on the Platform is intended to form the basis for any investment decision, and no specific recommendations are intended. Wealth AI and the Platform are not, do not offer and shall not be construed as investment or financial products, but as a software application. Accordingly, these Terms does not constitute investment advice or counsel or solicitation for investment in crypto-assets and shall not be construed in that way.

These Terms shall exclusively govern the relationship between the parties. Any general terms and conditions by the Customer are expressly rejected and shall not apply. In the event of any conflict between these Terms, these Terms shall prevail.

For the purposes of these Terms:

Headings are for convenience only and do not affect interpretation. References to statutory provisions include amendments and successor provisions.

In order to use the services on the Platform, Customers must create an account ("Account") and provide accurate, current and complete information as requested during the registration process on the Platform.

To register an Account and use the Platform, the Customer must meet the following eligibility requirements:

The Customer may be required to provide information during registration. The information provided by the Customer must be up-to-date, correct, and complete. The Customer shall not withhold any information which could lead to Wealth AI not accepting or terminating an Account.

Wealth AI may not accept a Customer or terminate an existing relationship with a Customer for any reason where the information provided is inaccurate, incomplete or misleading.

The Customer shall only have one Account. If the Customer opens multiple Accounts, Wealth AI reserves the right to terminate or suspend all Accounts of the Customer but one.

The Customer shall not have the right to transfer the Account to any other person or use the Account of other persons. If the Customer can provide legitimate interests for transferring the Account (e.g. legal succession) to another person, the Customer must contact Wealth AI directly to request approval for the intended transfer of the Account.

The Customer is responsible for keeping all Account credentials, including passwords and authentication methods, strictly confidential. The Customer must take all necessary and reasonable measures to protect the security of the Account and must not grant any third-party access to or control over the Account. The Customer should regularly monitor the Account to identify and promptly report any unauthorized or unusual activity.

The services of Wealth AI consist of:

Via the Platform Wealth AI provides access to a set of non-personalized crypto-asset trading strategies ("Strategies"). Strategies consist of an algorithmic model of predefined conditions under which certain crypto-assets are bought or sold; such predefined conditions involve in particular the current price of crypto-assets. Instead of manually setting individual buy or sell orders, the Customer may choose from different Strategies which the third-party service provider of the Linked Account may apply. The Strategies are not tailored to the Customer's individual financial circumstances, investment objectives, personal situation, or risk profile. Wealth AI does not provide personal financial advice, individualized investment advice, or portfolio management services. The Customer remains solely responsible for selecting any of the Strategies made available on the Platform, which may then be applied by the third-party service provider via the Linked Account.

The Customer may, at any time, access the Strategies available through the dashboard provided on the Platform ("Dashboard"). Within this Dashboard, the Customer may review, activate, deactivate, and modify the selection of Strategies which are applied by the third-party service provider in the Linked Account, subject to the technical features and Subscription Plan available. The Dashboard also allows the Customer to view performance information for each Strategy, including but not limited to profit and loss of the Strategies.

By linking a third-party exchange account through an API Key, the service provider of the Linked Account may apply and implement the selected Strategy and execute corresponding trades. Wealth AI does not provide any service involving the execution of trades, receipt and transmission of orders, or any equivalent investment or financial service. The Platform merely enables the Customer to (a) link an external trading account with his/her Account and (ii) select from a set of predefined Strategies. The third-party platform and the Linked Account must be set up to allow for Strategies to be applied in the Linked Account by the third-party service provider and as selected by the Customer. Linked Accounts remain fully under the control of the Customer; Wealth AI does not have access to the Customer's Linked Account. Purchases and sales of crypto-assets are exclusively carried out through the Customer's own Linked Account.

The crypto-assets supported by the Strategies and available for selection by the Customer are listed on the Platform. Wealth AI may update, add, or remove supported crypto-assets at any time at its discretion.

The Customer may connect external third-party trading accounts for trading of crypto-assets held in the Customer's own name with the Account held at Wealth AI. The Customer may allow for interaction between the Customer's Account and the external trading account by selecting one of the supported exchanges listed on the Platform and independently connecting the account through an API Key generated by the Customer on the chosen exchange ("Linked Account").

The API Key is a unique access credential created by the Customer in the third-party exchange account, which allows software applications to communicate with each other ("API Key(s)"). The Customer retains exclusive control over this API Keys at all times. The API key is required exclusively for the linking of the Customer's external trading account with the Account on the Platform. The Customer is solely responsible that any API key used for linking is correctly configured and complies with the security requirements of the respective Linked Account.

Wealth AI does not have access to the Linked Account and cannot verify if the selected Strategies of the Customer are applied accordingly via the Linked Account.

By linking an external trading account, the Customer does not upload or transfer any funds to Wealth AI. Wealth AI has no access to the Customer's funds, private keys, wallets, or exchange credentials, and cannot initiate withdrawals, transfers, or any other actions affecting the Customer's assets. Customers must not fund their Accounts.

Wealth AI does not execute trades on behalf of the Customer, nor does it manage, rebalance, or otherwise operate any portfolio for the Customer. The sole purpose of the API connection is to enable the third-party service provider to apply the selected Strategy within the Customer's Linked Account, as instructed by the Customer. The Customer retains full control over the Linked Account at all times, and the linking functionality is provided solely as a convenience to support the Customer's self-directed use of Strategies.

The Customer may remove or disable the connection between the Account and any API Key or Linked Account at any time through the settings provided on the Platform. The Company may also suspend or disable the connection to a Linked Account if required for security reasons, technical reasons, or to address compliance or legal concerns. Once a Linked Account is removed or disabled, any Strategy previously selected for that Linked Account will no longer be applied.

The Customer may subscribe to one of the available subscriptions as shown on the Platform ("Subscription Plan(s)"). The features, functionalities, and limitations associated with each Subscription Plan are described on the Platform.

The fees applicable to a Subscription Plan are those displayed on the Platform at the time the Customer subscribes ("Subscription Fees").

The Customer must pay for the Subscription Plan using one of the payment methods made available on the Platform. Unless otherwise agreed or offered by Wealth AI, Subscription Fees are charged monthly via the selected payment method. Where offered by Wealth AI, Subscription Fees may also be charged annually. Payment obligations commence upon the start of the Subscription Plan and continue until the Subscription Plan is cancelled pursuant to Art. 12.

The Customer remains solely responsible for all taxes, duties, and ancillary costs arising from the use of the Services.

Wealth AI may amend its Subscription Fees with prior notice to the Customer. Any change applies prospectively and does not affect the current month; in the case of annual subscriptions, any change shall only take effect upon the next annual renewal. The Customer may choose to discontinue the Services of Wealth AI and terminate the Account if the Subscription Fees have been amended by Wealth AI.

Where the Customer fails to pay the Subscription Fees at the end of each month, Wealth AI may charge administrative fees, interest, or penalties.

Wealth AI may, from time to time and at its sole discretion, offer promotional programs or incentives to Customers, including, without limitation, offers under which Customers may receive an additional subscription month at no charge. For annual subscribers, such promotional periods may be added to the end of the existing subscription term. Any such promotional offers are voluntary, may be subject to eligibility criteria determined by Wealth AI, and may be limited, or discontinued at any time.

Wealth AI strives to make the Platform and Services available at all times; however, technology-based systems require both planned and unplanned maintenance, updates, and technical interventions. During such periods, access to the Platform may be limited or temporarily suspended, and the use or application of Strategies may be delayed or disrupted.

Service interruptions may also occur due to circumstances beyond the Company's control, including but not limited to (a) system maintenance, (b) unexpected technical outages, (c) cybersecurity incidents, (d) actions or instructions by regulatory authorities, (e) or events of force majeure. Wealth AI does not guarantee uninterrupted availability of the Platform and/or Services.

Customers may contact support and issue complaints using the contact support form provided on the Platform. Wealth AI will use reasonable efforts to address any complaints issued as soon as possible.

The Customer may not assign or transfer its rights or obligations under these Terms without prior written consent of Wealth AI. Wealth AI may assign its rights and obligations to an affiliated entity.

The Customer shall act exclusively in their own name and for their own account.

The Customer shall not take actions that serve to impair the provision of Services and/or the Platform. In the case of using the Platform, any use that leads to a change of the structure of the Website or App and the software or program data is prohibited; this also includes a change of the source code of the Website or data stored in cookies that is limited to the end device of the Customer.

Wealth AI is the owner of all intellectual property rights relating to the Platform and the Services, including but not limited to all content made available through the Services, patents and patent applications, trademarks and trademark applications, database rights, trade names, copyrights, domain names, software and processes.

Subject to the Customer's continued compliance with these Terms, the Customer is granted a non-exclusive, non-transferable, and revocable license to use the Platform and the Services in accordance with these Terms. Wealth AI may revoke this license at any time if the Customer breaches these Terms.

Wealth AI is a data controller under the EU General Data Protection Regulation (GDPR). It processes personal data solely for purposes necessary to provide services, comply with legal obligations, and maintain records.

Customers acknowledge and consent that competent supervisory or judicial authorities may access Customer records where legally required.

Customers and their representatives retain rights under GDPR, including the right to access, rectify, or erase personal data, subject to statutory limitations.

Wealth AI shall be liable only for losses directly caused by gross negligence or willful misconduct. Liability for slight negligence is excluded. Wealth AI shall not be liable for indirect, incidental, or consequential damages, including loss of profits, loss of opportunity, or reputational harm. In case of slight negligence, Wealth AI shall only be liable for damages to persons.

Wealth AI shall not be liable for losses arising from:

The Customer has the right to withdraw from this Agreement within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the date of conclusion of the Agreement.

To exercise the right of withdrawal, the Customer must inform Wealth AI of their decision to withdraw from this Agreement by an unequivocal statement (e.g., a letter sent by post, fax, or email). The Customer may use the model withdrawal form on the Platform, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.

If the Customer withdraws from this Agreement, Wealth AI shall promptly reimburse all payments received from the Customer, including any delivery costs (except for additional costs resulting from the Customer choosing a type of delivery other than the least expensive standard delivery offered by the Company), no later than fourteen (14) days from the day on which Wealth AI is informed of the Customer's withdrawal. Wealth AI will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement.

Either Party may terminate the Agreement at the end of a calendar month by giving thirty (30) days' written notice.

Wealth AI may terminate immediately for good cause, including but not limited to (a) breach of these Terms by the Customer; (b) provision of false or misleading information; (c) insolvency of the Customer.

Instead of termination, Wealth AI may suspend access to services where (a) regulatory concerns arise; (b) security risks are identified; (c) clarification is required regarding instructions or funding.

Upon termination or suspension, the Customer loses access to his/her Account and Wealth AI may withhold services until compliance concerns are resolved. Any Linked Accounts shall be automatically disconnected.

These Terms are governed by Austrian substantive law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

Exclusive jurisdiction for all disputes arising from or in connection with these Terms lies with the competent courts of Vienna, Austria.

These Terms constitute the entire agreement between the Parties regarding the subject matter and supersede all prior agreements, whether oral or written.

Amendments or supplements must be made in writing, unless stricter form requirements apply.

These Terms are drawn up in English only. Communications and contractual documentation between Wealth AI and the Customer shall be in English.

Notices under these Terms may be given by email or secure instant messaging, provided such channel is designated by Wealth AI. Notices are deemed received upon transmission unless evidence to the contrary is provided.

If any provision of these Terms is or becomes invalid, illegal or unenforceable for any reason, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired, and any invalidity, illegality, or unenforceability in any jurisdiction shall not affect the validity, legality or enforceability of any such term or provision in any other jurisdiction. The invalid, illegal, or unenforceable provision shall be deemed to be replaced by such valid provision as most closely corresponds to the economic purpose and substantive effect of the invalid, illegal, or unenforceable provision. This provision does not apply to Customers who are consumers.

Disputes arising from and in connection with the Agreement based on these Terms shall be governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and Austrian conflict of law rules of Austrian international private law. In the case of actions against consumers, the competent court is the court at the consumer's domicile, habitual residence, or place of employment. Otherwise, the competent court for 1010 Vienna, Austria is agreed as the place of jurisdiction.